Bombay High Court
The Executive Engineer, Beed ... vs Ganpati Pandurang Karpe Died His ... on 24 July, 2017
Bench: P.R. Bora
1 FA3812.2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
13 FIRST APPEAL NO. 3812 OF 2016
. The Executive Engineer,
Beed Minor Irrigation Division,
Head Quarter at Ambajogai,
Dist. Beed.
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
VERSUS
1. Govardhan Bhagwanrao Karpe
Age : 77 Yrs, Occu : Agri
R/o. Jawalban, Tq. Kaij,
Dist. Beed
2. Deepak Govardhan Karpe
Age : 52 yrs, Occu : Agri,
R/o. As above
3. Sunil Govardhan Karpe,
Age : 47 yrs, Occu : Agri,
R/o. As above
4. Anil Govardhan Karpe
Age : 42 yrs, Occu : Agri,
R/o. As above
5. Sau. Sadhna Deepak Karpe,
Age : 47 yrs, Occu : Household,
R/o. As above .. Respondents
(Ori. Claimants)
...
Advocate for Appellant : Shri. R.C. Patil
Advocate for Respondents No.1 to 5: Shri. T.G. Gaikwad
...
WITH
2 FA3812.2016.doc
FIRST APPEAL NO.3813 OF 2016
1. The Executive Engineer,
Beed Minor Irrigation Division, Head Quarter
at Ambajogai, Dist. Beed.
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
VERSUS
Ganpati Pandurang Karpe (Died)
His L.R's
1. Parsuram Ganpati Karpe
Age : 42 years, Occu : Agri,
R/o. As above.
2. Vishnu Pandurang Karpe
Age : 72 yrs, Occu : Agri,
Both R/o. Jawalban, Tal. Kaij,
Dist. Beed. .. RESPONDENTS
(Ori. Claimants)
...
Advocate for Appellant : Shri. R.C. Patil
Advocate for Respondents No.1 & 2: Shri. T.G. Gaikwad
...
WITH
FIRST APPEAL NO.3814 OF 2016
1. The Executive Engineer,
Beed Minor Irrigation Division, Head Quarter
at Ambajogai, Dist. Beed.
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
VERSUS
3 FA3812.2016.doc
1. Laxman Bhagwan Randve
Age : 62 years, Occu : Agri,
R/o. Jawalban, Tq. Kaij, Dist. Beed.
2. Haribhau Bhagwan Randve
Age : 57 yrs, Occu : Agri,
R/o. As above.
3. Shriram Babasaheb Randve
Age : 47 yrs, Occu : Agri,
R/o. As above.
4. Arun Babasaheb Randve
Age : 42 yrs, Occu : Agri
R/o. As above. .. RESPONDENTS
(Ori. Claimants)
...
Advocate for Appellant : Shri. R.C. Patil
Advocate for Respondents No.1 to 4 : Shri. T.G. Gaikwad
...
WITH
FIRST APPEAL NO.3815 OF 2016
1. The Executive Engineer,
Beed Minor Irrigation Division, Head Quarter
at Ambajogai, Dist. Beed.
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
VERSUS
Kalawati Sopan Jogdand
Age : 72 yrs, Occu : Agri,
R/o. Jawalban, Tal. Kaij,
Dist. Beed .. RESPONDENTS
(Ori. Claimants)
...
Advocate for Appellant : Shri. R.C. Patil
4 FA3812.2016.doc
Advocate for Respondents : Shri. T.G. Gaikwad
...
WITH
FIRST APPEAL NO.3816 OF 2016
1. The Executive Engineer,
Beed Minor Irrigation Division,
Head Quarter at Ambajogai, Dist. Beed.
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
VERSUS
1. Dattu Shivaji Karpe
Age : 47 yrs, Occu : Agri,
R/o. Jawalban, Tal. Kaij,
Dist. Beed
2. Shasherao Bhanudas Karpe
Age : Major, Occu : Agri
R/o. As above
3. Balasaheb Bhanudas Karpe
Age : Major, Occu : Agri
R/o. As above .. RESPONDENTS
(Ori. Claimants)
...
Advocate for Appellant : Shri. R.C. Patil
Advocate for Respondents No.1 to 3 : Shri. T.G. Gaikwad
...
WITH
FIRST APPEAL NO.3817 OF 2016
1. The Executive Engineer,
Beed Minor Irrigation Division,
Head Quarter at Ambajogai, Dist. Beed.
5 FA3812.2016.doc
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
VERSUS
1. Arun Haridas Karpe
Age : 52 yrs, Occu : Agri,
R/o. Jawalban, Tq. Kaij, Dist. Beed
2. Uttreshwar Haridas Karpe
Age : 37 yrs, Occu : Agri,
R/o. As above.
3. Sau. Ashabai Shriram Randhve
Age : Major, Occu : Household, R/o. As above
4. Sau. Kamalbai Kashinath Mane
Age : Major, Occu : Household, R/o. As above
5. Sau. Parbhawati Govardhan Thombare
Age : Major, Occu : Household, R/o. As above
6. Sau. Ujanbai Annasaheb Shinde
Age : Major, Occu : Household, R/o. As above ..RESPONDENTS
(Ori. Claimants)
...
Advocate for Appellant : Shri. R.C. Patil
Advocate for Respondents No.1 to 6 : Shri. T.G. Gaikwad
...
WITH
FIRST APPEAL NO.3818 OF 2016
1. The Executive Engineer,
Beed Minor Irrigation Division, Head Quarter
at Ambajogai, Dist. Beed.
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
6 FA3812.2016.doc
VERSUS
1. Dnyanba Dattu Karpe
Age : 77 years, Occu : Agri,
R/o. Jawalban, Tq. Kaij, Dist. Beed
2. Subhash Dattu Karpe
Age : 57 years, Occu : Agri,
R/o. As above .. RESPONDENTS
(Ori. Claimants)
.....
Advocate for Appellant : Shri. R.C. Patil
Advocate for Respondents No.1 & 2 : Shri. T.G. Gaikwad
...
WITH
FIRST APPEAL NO.3819 OF 2016
1. The Executive Engineer,
Beed Minor Irrigation Division, Head Quarter
at Ambajogai, Dist. Beed.
2. The State of Maharashtra,
Through the Collector, Beed. .. APPELLANTS
(Ori. Respd.)
VERSUS
1. Ramdas Shankar Gore
Age : 77 years, Occu : Agri,
R/o. Jawalban, Tq. Kaij, Dist. Beed
2. Rajabhau Shankar Gore
Age : 72 years, Occu : Agri,
R/o. As above
3. Suresh Shankar Gore
Age : 50 years, Occu : Agri,
R/o. As above .. RESPONDENTS
(Orig. Claimants)
.....
7 FA3812.2016.doc
Advocate for Appellant : Shri. R.C. Patil
Advocate for Respondents No.1 to 3 : Shri. T.G. Gaikwad
...
CORAM : P.R. BORA, J.
Dated: July 24, 2017
ORAL JUDGMENT :-
1. Heard finally with consent of the learned Counsel appearing for
the parties.
2. Shri. R.C. Patil, the learned Counsel appearing for the acquiring
body i.e. appellant in all these appeals submitted that, in view of the
judgment delivered by this Court in some of the connected matters
confirming the market value as has been determined by the Reference
Court to the tune of Rs.1500/- per Are for non-irrigated land and in the
same proportion for irrigated and semi - irrigated lands so also in view of
the fact that, many of the matters are settled in Lok Adalat, wherein also
the market value of the land has been given at the same rate, the
acquiring body has decided not to press the said issue in the present
appeals. The learned Counsel submitted that, the challenge to the
impugned Judgment is now restricted only to the extent of grant of
interest by the Reference Court under Section 34 of the Land Acquisition
Act (hereinafter referred to as the 'Act') from the date of possession. The
learned Counsel submitted that, in view of the Full Bench Judgment of
this Court in the case of State of Maharashtra Vs. Kailash Shiva
Rangari [2016 (3) Mh.L.J.] 457 the interest cannot be made payable
under Section 34 of the Act from the date of possession. The learned
Counsel submitted that, in such circumstances to that extent the
impugned award needs to be modified.
8 FA3812.2016.doc
3. Shri. T.G. Gaikwad, learned Counsel appearing for the respondents
i.e. original claimants in all these matters submitted that, in the matters
which are settled before the Lok Adalat, the order passed by the
Reference Court has been confirmed as it is and as such the matters
which are settled before the Lok Adalat, the claimants therein are
entitled for the interest under Section 34 of the Act as has been awarded
by the Reference Court. The learned Counsel submitted that, in such
circumstances, the present respondents/original claimants shall not be
deprived of the interest as has been awarded by the Reference Court.
4. I have carefully considered the submissions made on behalf of the
learned Counsel appearing for the parties. In view of the fact that, now
the challenge is restricted only to the point of interest, I need not to
indulge in making any more discussion as about the market value
determined by the Reference Court. In view of the full bench Judgment
of this Court in case of State of Maharashtra Vs. Kailash Shiva Rangari
(supra) now there remains no dispute that, the interest under Section 34
of the Act can only be awarded from the date of Award under Section 11
of the Act and cannot be made payable from the date of possession or
from the date of notification under Section 4 of the Act. In view of the
law laid down by the full bench of this Court, the impugned order to the
extent of awarding the interest under Section 34 of the Act from the date
of possession, therefore, needs to be modified. Though it was sought to
be canvassed by Shri. Gaikwad, learned Counsel appearing for the
claimants that in Lok Adalat no such exception is made, I am not inclined
to accept his submission. When the legal position is brought to notice of
this Court the same has to be followed and the said illegality cannot be
continued by settlement or by the consent of the parties. For the reasons
9 FA3812.2016.doc
stated above, the following order is passed.
ORDER
i) The impugned Judgment and Award so far as it relates to
grant of interest under Section 34 of the Act stand modified and the
interest under Section 34 of the Act is made payable from the date of
Award under Section 11 of the Act. Save and except the aforesaid
modification, the impugned Award is maintained as it is.
ii) The appeals stand partly allowed in the aforesaid term.
iii) Pending civil application, if any, stands disposed of.
( P.R. BORA, J. )
ggp
